Terms of Use

1. About us and these terms

UrGymCoach is operated by: [Company or sole trader name], [registered address], Croatian personal ID / VAT no. (OIB): [OIB], [registered in the court / trade register under no. …]. Email: [email protected].

These terms govern the use of urgymcoach.com, the coach dashboard, the sign-up and payment page and the UrGymCoach app (together: the “Service”). By signing up and using the Service you accept these terms. The Privacy Policy is part of these terms, and for coaches so is the Data Processing Agreement.

2. Definitions

• Coach — a person or company using UrGymCoach to provide coaching as part of their business.
• Client — a person using the app as a coach’s client.
• Coaching — training, meal plans, tracking, advice and other services a coach provides to a client.
• Active client — every client account linked to a coach that has access to the app during a calendar month, whether or not and however much the client pays the coach.

3. The role of UrGymCoach

UrGymCoach provides software. Coaching is provided solely by the coach, who is responsible for it: for the content of programs and meal plans, advice, their qualifications, prices, invoices and taxes. UrGymCoach is not a party to the coaching contract between coach and client, does not verify coaches’ qualifications and does not guarantee results.

4. Health and safety

• Content in the app is not medical advice and does not replace a doctor, dietitian or physiotherapist.
• Talk to a doctor before starting a program, especially if you have a health condition or injury, are pregnant, or have (or have had) an eating disorder.
• If you feel pain, dizziness or shortness of breath while exercising, stop immediately. In an emergency call 112.
• You exercise and change your diet at your own risk.
• Exercise animations are illustrations, and nutrition values from food databases (e.g. Open Food Facts, USDA) may be inaccurate.

5. Who can use the Service

• Clients must be at least 16, or the lower age of digital consent that applies in their country. Younger users can sign up only with the consent of a parent or guardian. The Service is not intended for children under 13.
• Coaches must be adults using the Service for their business; they are not consumers towards UrGymCoach.
• Sign-up details must be accurate. One account belongs to one person; keep access to your email and password safe and tell us straight away if someone uses your account without permission.

6. Client subscriptions and payment

• The coach sets the coaching services and prices, which are shown before payment.
• Payments are processed by Stripe and go to the coach’s Stripe account connected to UrGymCoach. The seller of the coaching is the coach, who issues an invoice where required.
• Subscriptions are monthly and renew automatically until cancelled.
• Cancellation: you can cancel at any time by messaging your coach or emailing [email protected]; the subscription runs to the end of the paid month and then the app is locked. Deleting your account in the app cancels the subscription immediately.
• A month already paid is not refunded, except on withdrawal as described below or where the law requires.
• Right of withdrawal (consumers): you can withdraw from the contract within 14 days of the first payment without giving a reason. By paying you ask for the coaching to start straight away; if you withdraw within that period you pay only a proportionate amount for the time until withdrawal and the rest is refunded within 14 days. To withdraw, send a clear statement to your coach or to us (you can use the form at the bottom of this page).
• If a payment fails, access to the app may be locked until it is settled.
• The coach may change the price for future periods with prior notice; if you do not agree, you can cancel before the new price applies.
• Send complaints about the coaching to your coach and complaints about the app to us.

7. Fees for coaches

• The coach pays UrGymCoach €1 per month per active client, plus VAT where applicable.
• The fee also applies to clients the coach gives access for free or at a discount.
• The fee is calculated monthly for the previous month and charged as shown in the coach dashboard (by card or from client payments via Stripe). Stripe’s fees for processing client payments are borne by the coach.
• If the fee remains unpaid 14 days after a reminder, access for the coach and their clients may be restricted until it is paid.
• We notify coaches of fee changes by email at least 30 days in advance; a coach can stop using the Service before the change applies.

8. Coaches’ obligations

• Hold the qualifications and permits required for coaching in their country and give clients accurate information about themselves and their services.
• Comply with consumer protection law (pre-contract information, right of withdrawal, invoices) and tax law for their services.
• As controller of their clients’ data: have a legal basis for processing, inform clients, respond to their requests and not ask for more data than coaching needs.
• Publish only content (texts, images, videos) they own or may use, and not send unsolicited messages.
• Inform clients in good time and cancel their subscriptions before stopping use of the Service.
• The coach is responsible for third-party claims arising from their coaching or a breach of these terms and compensates UrGymCoach for any resulting loss.

9. Acceptable use

You may not:

• post unlawful, abusive or harassing content, or other people’s personal data without permission;
• get around payment or the app lock, share your account or impersonate someone;
• disrupt the Service, introduce malicious code, scrape content or reverse-engineer the software, except where the law expressly allows it.

10. Content and intellectual property

• Content you add remains yours. You give us a non-exclusive, free licence to store, process and show it to the people it is meant for, only to provide the Service.
• The coach gives the client the right to use the coach’s programs and plans for personal use during their work together.
• The UrGymCoach software, design, name and logo belong to us. You get a limited, non-exclusive, non-transferable right to use the Service under these terms.
• The exercise and food databases include third-party content (e.g. Open Food Facts under the ODbL licence and USDA) provided as is.
• If you believe content infringes your rights, tell us at [email protected] and we will remove it if the report is justified.

11. Availability and changes to the Service

We work to keep the Service running reliably, but we do not guarantee uninterrupted, error-free operation; maintenance is sometimes needed. We may change and improve features. We will give advance notice of any significant reduction in a paid service’s features. Keep the app updated so it works correctly.

12. Ending use and deleting your account

• Clients can delete their account in the app (Settings → Delete account); the subscription is then cancelled and data is deleted as described in the Privacy Policy.
• Coaches can close their account by emailing [email protected]. When a coach stops using UrGymCoach, their clients lose access to the coach’s services.
• We may suspend or close an account for a serious or repeated breach of these terms, non-payment or a request from an authority, and will tell you when we can.
• If we shut down the Service entirely, we will give users at least 30 days’ notice and a way to export their data.

13. Liability

• The Service is provided as is, to the extent permitted by law.
• We are not liable for coaches’ coaching and advice, injuries or health effects of exercise and nutrition, or content posted by users.
• Towards coaches we are not liable for indirect loss or lost profits, and our total liability is limited to the fees the coach paid in the 12 months before the event giving rise to the claim.
• Nothing in these terms limits liability for intentional harm or gross negligence, for death or personal injury caused by our fault, or consumer rights that cannot be excluded by law.

14. Data Processing Agreement (for coaches)

This section is the data processing agreement under Art. 28 GDPR between the coach (controller) and UrGymCoach (processor).

• Subject and duration: processing clients’ personal data to provide the Service, for as long as the coach uses the Service.
• Data and data subjects: the coach’s clients; the data listed in the Privacy Policy (account, training, nutrition, measurements, check-ins, photos, messages), including health data.
• Instructions: UrGymCoach processes the data only on the coach’s documented instructions — these terms and the settings in the dashboard — unless the law requires otherwise, in which case it informs the coach where permitted.
• Confidentiality and security: people with access are bound by confidentiality; we apply the technical and organisational measures described in the Privacy Policy.
• Sub-processors: the coach gives general authorisation for the sub-processors listed in the Privacy Policy. We announce new sub-processors in advance, and the coach may object or stop using the Service.
• Assistance: we help the coach respond to clients’ requests and meet the obligations under Arts. 32 to 36 GDPR.
• Breaches: we notify the coach of a personal data breach without undue delay, as a rule within 48 hours of becoming aware of it.
• End of processing: after the coach’s account is closed we delete clients’ data within 30 days, unless the law requires us to keep it.
• Audits: we give the coach the information needed to demonstrate compliance and allow audits with reasonable prior notice.
• Coach’s obligations: the coach guarantees a legal basis for the processing and that their instructions comply with the GDPR.

15. Changes to these terms

We will tell you about important changes at least 30 days in advance by email or in the app. If you do not agree, you can stop using the Service and cancel your subscription before the changes apply; continuing to use the Service means you accept the changed terms.

16. Governing law and disputes

• These terms are governed by the law of the Republic of Croatia.
• If you are a consumer habitually resident in another country, you keep the protection of that country’s mandatory laws and may also bring a claim before the courts of your country.
• Disputes with coaches are decided by the competent court in [city of registered office].
• Consumers may also turn to alternative consumer dispute resolution bodies. [state whether UrGymCoach agrees to such dispute resolution and before which body].
• If any provision proves invalid, the remaining provisions stay in force.

17. Contact

[Company or sole trader name], [registered address], Croatian personal ID / VAT no. (OIB): [OIB], [registered in the court / trade register under no. …]. Email: [email protected].

18. Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract (to your coach or to [email protected]):

To: [coach’s name] / [UrGymCoach name and address], [email protected]

I hereby give notice that I withdraw from my contract for the following service: [service / plan name]

Contract concluded on (first payment): [date]

Name: [full name]

Account email: [email]

Date: [date]